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Malleus Maleficarum Part 3
Question XXXIV
Of the Method of passing Sentence upon a Witch who Annuls Spells wrought by Witchcraft; and of Witch Midwives and Archer-Wizards
THE fifteenth method of bringing a process on behalf of the faith
to a definitive sentence is employed when the person accused of
heresy is not found to be one who casts injurious spells of
witchcraft, but one who removes them; and in such a case the
procedure will be as follows. The remedies which she uses will
either be lawful or unlawful; and if they are lawful, she is not
to be judged a witch but a good Christian. But we have already
shown at length what sort of remedies are lawful.
Unlawful remedies, on the other hand, are to be distinguished as
either absolutely unlawful, or in some respect unlawful. If they
are absolutely unlawful, these again can be divided into two
classes, according as they do or do not involve some injury to
another party; but in either case they are always accompanied by
an expressed invocation of devils. But if they are only in some
respect unlawful, that is to say, if they are practised with only
a tacit, and not an expressed, invocation of devils, such are to
be judged rather vain than unlawful, according to the Canonists
and some Theologians, as we have already shown.
Therefore the Judge, whether ecclesiastical or civil, must not
punish the first and last of the above practices, having rather
to commend the first and tolerate the last, since the Canonists
maintain that it is lawful to oppose vanity with vanity. But he
must by no means tolerate those who remove spells by an expressed
invocation of devils, especially those who in doing so bring some
injury upon a third part; and this last is said to happen when
the spell is taken off one person and transferred to another. And
we have already made it clear in a former part of this work that
it makes no difference whether the person to whom the spell is
transferred be herself a witch or not or whether or not she be
the person who cast the original spell, or whether it be a man or
any other creature.
It may be asked what the Judge should do when such a person
maintains that she removes spells by lawful and not unlawful
means; and how the Judge can arrive at the truth of such a case.
We answer that he should summon her and ask her what remedies she
uses; but he must not rely only upon her word, for the
ecclesiastical Judge whose duty it is must make diligent inquiry,
either himself or by means of some parish priest who shall
examine all his parishioners after placing them upon oath, as to
what remedies she uses. And if, as is usually the case, they are
found to be superstitious remedies, they must in no way be
tolerated, on account of the terrible penalties laid down by the
Canon Law, as will be shown.
Again, it may be asked how the lawful remedies can be
distinguished from the unlawful, since they always assert that
they remove spells by certain prayers and the use of herbs. We
answer that this will be easy, provided that a diligent inquiry
be made. For although they must necessarily conceal their
superstitious remedies, either that they may not be arrested, or
that they may the more easily ensnare the minds of the simple,
and therefore make great show of their use of prayers and herbs,
yet they can be manifestly convicted by four superstitious
actions as sorceresses and witches.
For there are some who can divine secrets, and are able to tell
things which they could only know through the revelation of evil
spirits. For example: when the injured come to them to be healed,
they can discover and make known the cause of their injury; and
they can perfectly know this and tell it to those who consult
them.
Secondly, they sometimes undertake to cure the injury or spell of
one person, but will have nothing to do with that of another. For
in the Diocese of Spires there is a witch in a certain place
called Zunhofen who, although she seems to heal many persons,
confesses that she can in no way heal certain others; and this is
for no other reason than, as the inhabitants of the place assert,
that the spells case on such person have been so potently wrought
by other witches with the help of devils that the devils
themselves cannot remove them. For one devil cannot or will not
always yield to another.
Thirdly, it sometimes happens that they must make some
reservation or exception in their cure of such injuries. Such a
case is known to have occured in the town of Spires itself. And
honest woman who had been bewitched in her shins sent for a
diviner of this sort to come and heal her; and when the witch had
entered her house and looked at her, she made such an exception.
For she said: It there are no scales and hairs in the wound, I
could take out all the other evil matter. And she revealed the
cause of the injury, although she had come from the country from
a distance of two miles, saying: You quarrelled with your
neighbour on such a day, and therefore this had happened to you.
Then, having extracted from the wound many other matters of
various sorts, which were not scales or hairs, she restored her
to health.
Fourthly, they sometimes themselves observe, or cause to be
observed, certain superstitious ceremonies. For instance, they
fix some such time as before sunrise for people to visit them; or
say that they cannot heal injuries which were caused beyond the
limits of the estate on which they live, or that they can only
heal two or three persons in a year. Yet they do not heal them,
but only seem to do so by creasing to injure them.
We could add many other considerations as touching the condition
of such persons: as that, after the lapse of a certain time they
have incurred the reputation of leading a bad and sinful life, or
that they are adulteresses, or the survivors from covens of other
witches. Therefore their gift of healing is not derived from God
on account of the sanctity of their lives.
Here we must refer incidentally to witch midwives, who surpass
all other witches in their crimes, as we have shown in the First
Part of this work. And the number of them is so great that, as
has been found form their confessions, it is thought they there
is scarcely any tiny hamlet in which at least one is not to be
found. And that the magistrates may in some degree meet this
danger, they should allow no midwife to practise without having
been first sworn as a good Catholic; at the same time observing
the other safeguards mentioned in the Second Part of this
work.
Here too we must consider archer-wizards, who constitute the
graver danger to the Christian religion in that they have
obtained protection on the estates of nobles and Princes who
receive, patronize, and defend them. But that all such receivers
and protectors are more damnable than all witches, especially in
certain cases, is shown as follows. The Canonists and Theologians
divide into two classes the patrons of such archer-wizards,
according as they defend the error or the person. They who defend
the error are more damnable than the wizards themselves, since
they are judged to be not only heretics but heresiarchs (24,
quest. 3). And the laws do not make much special mention of such
patrons, because they do not distinguish them from other
heretics.
But there are others who, while not excusing the sin, yet defend
the sinner. These, for example, will do all in their power to
protect such wizards (or other heretics) from trial and
punishment at the hands of the Judge acting on behalf of the
Faith.
Similarly there are those in public authority, that is to say,
public persons such as temporal Lords, and also spiritual Lords
who have temporal jurisdiction, who are, either by omission or
commission, patrons of such wizards and heretics.
They are their patrons by omission when they neglect to perform
their duty in regard to such wizards and suspects, or to their
followers, receivers, defenders and patrons, when they are
required by the Bishops or Inquisitors to do this: that is, by
falling to arrest them, by not guarding them carefully when they
are arrested, by not taking them to the place within their
jurisdiction which has been appointed for them, by not promptly
executing the sentence passed upon them, and by other such
derelictions of their duty.
They are their patrons by commission when, after such heretics
have been arrested, they liberate them from prison without the
licence or order of the Bishop or Judge; or when they directly or
indirectly obstruct the trial, judgement, and sentence of such,
or act in some similar way. The penalties for this have been
declared in the Second Part of this work, where we treated of
archer-wizards and other enchanters of weapons.
It is enough now to say that all these are by law excommunicated,
and incur the twelve great penalties. And if they continues
obstinate in that excommunication for a year, they are then to be
condemned as heretics.
Who, then, are to be called receivers of such; and are they to be
reckoned as heretics? All they, we answer, who receive such
archer-wizards, enchanters of weapons, necromancers, or heretic
witches as are the subject of this whole work. And such receivers
are of two classes, as was the case with the defenders and
patrons of such.
For there are some who do not receive them only once or twice,
but many times and often; and these are well called in Latin
receptatores, from the frequentative form of the verb. And
receivers of this class are sometimes blameless, since they act
in ignorance and there is no sinister suspicion attaching to
them. But sometimes they are to blame, as being well aware of the
sins of those whom they receive; for the Church always denounces
these wizards as the most cruel enemies of the faith. And if
nevertheless temporal Lords receive, keep and defend them, etc.,
they are and are rightly called receivers of heretics. And with
regard to such, the laws say that they are to be
excommunicated.
But others there are who do not often or many times receive such
wizards or heretics, but only once or twice; and these are not
properly called receptatores, but receptores, since
they are not frequent receivers. (Yet the Arch-deacon disagrees
with this view; but it is no great matter, for we are considering
not words but deeds.)
But there is this difference between receptatores and
receptores: those temporal Princes are always
receptatores who simply will not or cannot drive away such
heretics. But receptores may be quite innocent.
Finally, it is asked who are they who are said to be obstructors
of the duty of Inquisitors and Bishops against such heretics; and
whether they are to be reckoned as heretics. We answer that such
obstructors are of two kinds. For there are some who cause a
direct obstruction, by rashly on their own responsibility
releasing from gaol those who have been detained on a charge of
heresy, or by interfering with the process of the Inquisition by
wreaking some injury to witnesses on behalf of the Faith because
of the evidence they have given; or it may be that the temporal
Lord issues an order that none but himself may try such a case,
and that anyone charged with this crime should be brought before
no one but himself, and that the evidence should be given only in
his presence, or some similar order. And such, according to
Giovanni d'Andrea, are direct obstructors. They who directly
obstruct the process, judgement or sentence on behalf of the
Faith, or help, advise or favour others in doing so, although
they are guilty of a great sin, are not on that account to be
judged heretics, unless it appears in other ways that they are
obstinately and wilfully involved in such heresies of witches.
But they are to be smitten with the sword of excommunication; and
if they stubbornly endure that excommunication for a year, then
are they to be condemned as heretics.
But others are indirect obstructors. These, as Giovanni d'Andrea
explains, are those who give such orders as that no one shall
bear arms for the capture of heretics except the servants of the
said temporal Lord. Such are less guilty than the former, and are
not heretics; but they, and also any who advise, help or
patronize them in such actions, are to be excommunicated; and if
they obstinately remain in that excommunication for a year, they
are then to be condemned as if they were heretics. And here it is
to be understood that they are in such a way to be condemned as
heretics that if they are willing to return, they are received
back to mercy, having first abjured their error; but if not, they
are to be handed over to the secular Court as impenitents.
To sum up. Witch-midwives, like other witches, are to be
condemned and sentences according to the nature of their crimes;
and this is true also of those who, as we have said, remove
spells of witchcraft superstitiously and by the help of devils;
for it can hardly be doubted that, just as they are able to
remove them, so can they inflict them. And it is a fact that
some definite agreement is formed between witches and devils
whereby some shall be able to hurt and others to heal, that so
they may more easily ensnare the minds of the simple and recruit
the ranks of their abandoned and hateful society. Archer-wizards
and enchanters of weapons, who are only protected by being
patronized, defended and received by temporal Lords, are subject
to the same penalties; and they who patronize them, etc., or
obstruct the officers of justice in their proceedings against
them, are subject to all the penalties to which the patrons of
heretics are liable, and are to be excommunicated. And if after
they have obstinately endured that excommunication for a year
they wish to repent, let them abjure that obstruction and
patronage, and if not, they must be handed over as impenitents to
the secular Court. And even if they have not endured their
excommunication for a year, such obstructors can still be
proceeded against as patrons of heretics.
And all that has been said with regard to patrons, defenders,
receivers, and obstructors in the case of archer-wizards, etc.,
applies equally in respect of all other witches who work various
injuries to men, animals, and the fruits of the earth. But even
the witches themselves, when in the court of conscience with
humble and contrite spirit they weep for their sins and make
clean confession asking forgiveness, are taken back to mercy. But
when they are known, those whose duty it is must proceed against
them, summoning, examining, and detaining them, and in all things
proceeding in accordance with the nature of their crimes to a
definitive and conclusive sentence, as has been shown, if they
wish to avoid the snare of eternal damnation by reason of the
excommunication pronounced upon them by the Church when they
deliberately fail in their duty.
Next: Question XXXV
Finally, of the Method of passing Sentence upon Witches who Enter or Cause to be Entered an Appeal, whether such be Frivolous or Legitimate and Just